Anti-social Behaviour Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 47

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

193ZA*Page 38, line 29, leave out paragraphs (a) and (b)
193ZB*Page 38, line 36, leave out "environmental health"
193ZC*Page 39, leave out lines 5 to 8
 

Clause 49

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

193ZD*Page 40, line 3, leave out subsection (1)
193ZE*Page 41, line 5, leave out "a different amount"
193ZF*Page 41, line 6, at end insert "amounts which, following consultation with local authorities, may differ from time to time and as between different authorities"
 

Clause 51

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

193ZG*Page 41, line 35, leave out subsections (3) to (9)
 

Clause 54

 

THE LORD DIXON-SMITH

193APage 43, line 18, at end insert "(not being a community scheme contributor)"
193BPage 43, line 24, at beginning insert "Subject to the right of appeal mentioned in section 56,"
 

THE BARONESS SCOTLAND OF ASTHAL

193CPage 43, line 29, at end insert—
"(5A)  A graffiti removal notice must explain the effect of subsections (4) and (5) and sections (Recovery of expenditure) and (Appeals)."
 

THE LORD DIXON-SMITH

193DPage 43, line 29, at end insert—
"(   )  The period specified in the accordance with subsection (3) shall be extended where the person on whom a graffiti removal notice has been served gives to the authority before the expiry of the period specified in that notice a counternotice making reasonable proposals in accordance with any applicable code of practice for removing, clearing or otherwise remedying the graffiti referred to in the notice so that the authority may not exercise the power under subsection (4) until the expiry of the period specified in the counternotice."
 

THE BARONESS SCOTLAND OF ASTHAL

193EPage 44, line 22, leave out second "section" and insert "sections (Recovery of expenditure) to"
 

THE LORD DIXON-SMITH

193FPage 44, line 22, at end insert—
 ""code of practice" means any code of practice approved by the Secretary of State for the purpose of providing practical guidance with respect to the requirements of any provision of sections 54 to 56,"
193GPage 44, line 22, at end insert—
 ""community scheme" means a scheme operated by, in conjunction with or with the approval of, a local authority in respect of an area for which that local authority is responsible for removing, clearing or otherwise remedying graffiti, for the education or rehabilitation of young offenders or in connection with the promotion of citizenship in accordance with the national curriculum,
 "community scheme contributor" in relation to any local authority means a person who has contributed towards a community scheme or schemes during the year in which it is proposed to serve a graffiti removal notice,"
 

THE BARONESS SCOTLAND OF ASTHAL

193HPage 44, line 26, at end insert—
 ""graffiti removal notice" has the meaning given by subsection (2),"
 

THE LORD DIXON-SMITH

193JPage 44, line 29, at end insert "other than an authority responsible for an area designated by the Secretary of State as a "social inclusion priority area""
 

THE BARONESS SCOTLAND OF ASTHAL

193KPage 44, line 30, after "160(4)" insert "and (5)"
 

THE LORD DIXON-SMITH

193LPage 44, line 34, at end insert—
 ""social inclusion priority area" means an area so designated by the Secretary of State for the purpose of ensuring that the community in that area is not deprived of access to a competitive range of utilities and electronic communications services,"
 

After Clause 54

 

THE BARONESS SCOTLAND OF ASTHAL

193MInsert the following new Clause—
  "Recovery of expenditure
(1)  A local authority may recover from the person on whom a graffiti removal notice was served expenditure reasonably incurred in exercise of the power under section 54(4).
(2)  A local authority may not recover expenditure from a person under subsection (1) unless it has served on that person a notice which sets out the amount of, and details of, the expenditure which it proposes to recover.
(3)  Section 160 of the Environmental Protection Act 1990 (c. 43) has effect in relation to notices under subsection (2) as if they were notices within subsection (2) of that section."
193NInsert the following new Clause—
  "Guidance
(1)  The Secretary of State must issue guidance to local authorities in England for the purposes of sections 54 and (Recovery of expenditure).
(2)  The National Assembly for Wales must issue guidance to local authorities in Wales for the purposes of sections 54 and (Recovery of expenditure).
(3)  A local authority must have regard to any guidance issued to it under this section."
193PInsert the following new Clause—
  "Appeals
(1)  A person on whom a graffiti removal notice is served may, within the period of 21 days beginning with the day on which it is served, appeal against the notice to a magistrates' court on any of the following grounds.
(2)  They are—
(a)  that the defacement is neither detrimental to the amenity of the area nor offensive,
(b)  that there is a material defect or error in, or in connection with, the notice,
(c)  that the notice should be served on another person.
(3)  Where an appeal under subsection (1) is brought, the graffiti removal notice shall be of no effect pending the final determination or withdrawal of the appeal.
(4)  On the determination of such an appeal, the magistrates' court must do one of the following—
(a)  quash the notice,
(b)  modify the notice,
(c)  dismiss the appeal.
(5)  Where the court modifies the notice or dismisses the appeal, it may extend the period specified in the notice.
(6)  A person on whom a notice under section (Recovery of expenditure) (2) is served may, within the period of 21 days beginning with the day on which it is served, appeal to a magistrates' court on the grounds that the expenditure which the authority is proposing to recover is excessive.
(7)  On the determination of an appeal under subsection (6), the magistrates' court must do either of the following—
(a)  confirm that the amount which the authority is proposing to recover is reasonable, or
(b)  substitute a lower amount as the amount which the authority are entitled to recover."
 

Clause 55

 

THE BARONESS SCOTLAND OF ASTHAL

193QPage 44, line 40, after "liability" insert "to any person responsible for the relevant surface"
 

THE LORD DIXON-SMITH

193RPage 45, line 8, at end insert "having regard to the risk of damage to any apparatus or plant mentioned in subsection (8) and to the provisions of any applicable code of practice"
 

THE BARONESS SCOTLAND OF ASTHAL

193SPage 45, line 12, leave out paragraph (d)
193TPage 45, line 15, at end insert—
"(5)  Section 54(10) is to apply for the purposes of this section as it applies for the purposes of that section."
 

After Clause 55

 

THE BARONESS GARDNER OF PARKES

194Insert the following new Clause—
 

"HIGH HEDGES

  Remedial notices
(1)  This section applies where a local authority is satisfied that a high hedge is adversely affecting the amenity of the area.
(2)  The authority may serve a notice (a "remedial notice") on every person who is the owner or occupier of the land on which the hedge is situated imposing the requirement mentioned in subsection (3).
(3)  That requirement is a requirement to take action in relation to the hedge to remedy the adverse effect within a period specified in the notice being not less than 28 days beginning with the day on which the notice is served.
(4)  If any owner or occupier of the land on whom a notice under subsection (2) was served fails to take the action required by the notice within the period specified in it for compliance with it, he shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(5)  In this section "high hedge" means so much of a barrier to light or access as—
(a)  is formed wholly or predominantly by a line of two or more evergreens; and
(b)  rises to a height of more than two metres above ground level.
(6)  For the purposes of subsection (5), a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.
(7)  In this section "evergreen" means an evergreen tree or shrub or a semi-evergreen tree or shrub."
 

THE LORD DIXON-SMITH

194AInsert the following new Clause—
  "Appeals against graffiti removal notices
(1)  A person on whom a graffiti removal notice is served under section 54(2) or the person who is responsible for a relevant surface to which a graffiti removal notice has been affixed under section 54(7) may appeal to a magistrates' court on any of the following grounds—
(a)  that the graffiti is neither detrimental to the amenity of the area nor is it offensive;
(b)  that there has been some informality, defect or error in, or in connection with, the graffiti removal notice; or
(c)  in the case of a graffiti removal notice served under section 54(2), that it should have been served on another person.
(2)  Pending the outcome of an appeal, the local authority may not exercise the power under 54(4).
(3)  If an appeal is successful, the graffiti removal notice shall lapse and have no further effect and the local authority will not be entitled to serve any further notice in respect of the graffiti specified in that graffiti removal notice."
 

Clause 56

 

THE LORD DIXON-SMITH

195Page 45, line 19, leave out "eighteen" and insert "fourteen"
196Page 45, line 29, leave out "eighteen" and insert "fourteen"
 The Lord Dixon-Smith gives notice of his intention to oppose the Question that Clause 56 stand part of the Bill.
 

Clause 57

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

196A*Page 46, line 5, leave out subsection (4)
 

THE LORD DIXON-SMITH

197Page 46, leave out lines 8 to 11
 

THE LORD DIXON-SMITH
THE BARONESS SCOTLAND OF ASTHAL

198Page 46, leave out lines 12 to 16
 

THE BARONESS SCOTLAND OF ASTHAL

199Page 46, line 20, at end insert—
"(4A)  In section 71 of the Environmental Protection Act 1990 (c. 43) (obtaining information from persons and authorities), after subsection (3) insert—
    "(4)  The Secretary of State may, by notice in writing, require a waste regulation authority or waste collection authority in England and Wales to supply to him, or to such other person as may be specified in the notice, such information as may be so specified in respect of—
    (a)  cases where the authority has exercised any powers under section 59 above, and
    (b)  cases where the authority has taken action under any other enactment in respect of any deposit or other disposal of controlled waste in contravention of section 33(1) above.""
 

Clause 59

 

THE LORD DIXON-SMITH

200Page 47, line 17, leave out ""2"" and insert ""10""
 

After Clause 59

 

THE LORD DIXON-SMITH

200A*Insert the following new Clause—
  "Raves
(1)  The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows.
(2)  In section 63 (powers to remove persons attending or preparing for a rave)—
(a)  in subsection (1) omit the words "in the open air of 100 or more" and insert "of";
(b)  in subsection (2) omit the words "in the open air";
(c)  in subsection (10) omit the definition of "land in the open air"."

 
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16 September 2003